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HomeMy WebLinkAboutMinutes - City Council - Regular - 1/22/1998CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING January 22, 1998 8:00 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 22nd day of January, 1998, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 8:00 A. M. 8:05 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Mayor Pro Tem Alex Cooke, Councilmember Max Ince, Councilmember David Nelson, Councilmember Randy Neugebauer, and Councilmember T. J. Patterson. Mayor Sitton stated the Council would be holding an executive session in accordance with V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Manager); pending or contemplated litigation (Parks and Recreation; Police Department; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Fire Department). 8:10 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Council/City Manager's Conference Room All councilmembers were present except Councilmember Victor Hernandez. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Manager). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Parks and Recreation; Police Department; Water Utilities). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Appointments Advisory Board Community Development and Services Board Libraries Board Structural Standards Commission (4•) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Fire Department). 9:35 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 ( 5•) Presentation of requests for the mid -year reallocation of Community Development Block Grant and HOME funds by Doug Goodman, Managing Director of Health and Community Services. Regular City Council Meeting January 22, 1998 Page 28 ( 6.) Presentation on Comprehensive Annual Financial Report (CAFR) for the fiscal year ending September 30, 1997 by John Burdette of Robinson Burdette Martin & Cowan, L.L.P.; Anna Mosqueda, Director of Finance; Betsy Bucy, Finance Manager; and Jimmy Rodriguez, Accounting Manager. 10:46 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Alex Cooke, Councihnember Max Ince, Councihnember David Nelson, Councihnember Randy Neugebauer, Councihnember T. J. Patterson, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell Absent: Councilmember Victor Hernandez Mayor Sitton called the meeting to order at 10:46 A. M. ( 7.) The Invocation was given by Reverend Bobby McMillan, St. John's United Methodist Church. ( 8.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION Housing Finance Corporation Receiving: Jacque Garcia Ms. Garcia was unable to attend to accept this recognition. CITIZEN APPEARANCES ( 9.) Special Recognition presented to Shirley Christian. Shirley Christian has been the first woman Board Chair of the Lubbock Chamber of Commerce. During her tenure, she has been very successful in serving as an advocate for the businesses and residents of Lubbock. She has dedicated her time, energy, and resources to improving Lubbock's quality of life. This Special Recognition commended her efforts and wished her continued success in her future endeavors. (10.) Presentation of Texas Municipal League's Municipal Excellence Award to Mayor Windy Sitton for the City of Lubbock's "Red for a Reason" campaign. The City of Lubbock was one of only two cities statewide to receive the Municipal Excellence Award for Communications at the recent TML annual meeting in Fort Worth. Lubbock's award was in the category of cities with more than 25,000 population. "Red for a Reason" is a public safety campaign aimed at informing Lubbock citizens about the widespread problems of drivers running red lights. The campaign educates drivers about the consequences of running red lights and the enforcement of the city's ordinance against running red lights. 28 Regular City Council Meeting January 22, 1998 Page 29 The campaign was a joint effort of the city's Traffic Engineering, Public Information, Municipal Court, and Police Departments. Also assisting in the campaign were Texas Department of Public Safety, Texas Department of Transportation, and Lubbock Independent School District. The Lubbock media was also instrumental in raising public awareness of this life-saving campaign. The effectiveness of the campaign can be best measured in numbers — _ between January 11 and April 30, 1996, accidents caused by red light runners decreased by 21 % from the same time period during the previous year. Citations increased by nearly 90% over the previous year. Councilmember T. J. Patterson, President of TML, presented this award to Mayor Sitton. (11.) Presentation of the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting for Comprehensive Annual Financial Report for 1996. The City of Lubbock's Comprehensive Annual Financial Report (CAFR) for the fiscal year ending September 30, 1996 has been awarded the GFOA Certificate of Achievement for Excellence in Financial Reporting for the last thirteen consecutive years (fiscal years ended 1984-1996). The Certificate of Achievement is a prestigious national award, recognizing conformance with the highest standards for preparation of state and local government financial reports. In order to be awarded a Certificate of Achievement, a governmental unit must publish an easily readable and efficiently organized CAFR, whose contents conform to program standards. The CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only and must be earned each year. Anna Mosqueda introduced Nell Lange, Director of Finance, City of McKinney, and President of Texas GFOA, who presented the award on behalf of GFOA. After brief comments regarding the award and its significance, Nell Lange presented the award to Mayor Sitton, who accepted on behalf of the City of Lubbock. (12.) Presentation of update on activity of the Planning and Zoning Commission by Molly Irvin, Chair. The Planning and Zoning Commission approves plats and hears zone cases regarding zone changes and other matters that affect the growth and development of the community. Zone cases that are considered by the Commission are presented to the City Council for final approval. The Commission consists of nine members and meets each month. CITIZEN COMMENTS Councilmember Nelson gave his Top Ten list. 29 Regular City Council Meeting January 22, 1998 Page 30 Five citizens expressed comments to the Council. They were: Max Winn Cecil Puryear Blas Mojica Mikel Ward Gary Bennett CONSENT AGENDA (Items No. 13 - 29) Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to approve all items on consent agenda as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (13.) Approval of the minutes of the Regular City Council Meeting of January 8, 1998. (14.) Consider Ordinance No. 10045 establishing the date of the 1998 Regular Municipal Election of the City of Lubbock (first reading). ORDINANCE NO. 10045 AN ORDINANCE ESTABLISHING THE DATE OF THE 1998 REGULAR MUNICIPAL ELECTION OF THE CITY OF LUBBOCK; AUTHORIZING THE MAYOR TO ORDER THE 1998 REGULAR MUNICIPAL ELECTION OF THE CITY OF LUBBOCK; AND PROVIDING AN EFFECTIVE DATE. This ordinance establishes May 2, 1998 as the date of the 1998 Regular Municipal Election. The election will be for the purpose of filling the expired terms of the Mayor, Councilmembers from Districts 1, 3, and 5, and the Municipal Court Judge. The City Secretary recommended approval of this ordinance. (15.) Consider Ordinance No. 10046 amending Chapter 8 of the Code of Ordinances of the City of Lubbock with regard to voting precinct boundaries (first reading). ORDINANCE NO. 10046 AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE LANGUAGE OF SECTION 8-4 WITH REGARD TO VOTING PRECINCT BOUNDARIES, VOTING PLACES, AND VOTING DISTRICTS AS REQUIRED BY STATE LAW DUE TO APPROVAL OF CHANGES TO CERTAIN LUBBOCK COUNTY PRECINCTS BY THE U. S. JUSTICE DEPARTMENT; PROVIDING A MAP OF THE VOTING PRECINCTS AND DISTRICTS OF THE CITY OF LUBBOCK; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE;; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Lubbock County received notification on January 5, 1998 that the U. S. — Justice Department interposed no objection to certain precinct boundaries in connection with state legislative redistricting. The City of Lubbock is required by the State Election Code to align its voting precincts with those of Lubbock County except where the city limits line intervenes. These changes will not affect any voters at the present time and will not become effective until five months after final passage of this ordinance. These changes will affect only Voting Precinct No. 52 and create a new Precinct No. 107. The new Precinct No. 107 will be created from Im Regular City Council Meeting January 22, 1998 Page 31 territory previously contained in Precinct No. 52, both of which are included in Council District No. 4. However, the new Precinct No. 107 contains no voters at the present time. Staff recommended approval of this ordinance. (16.) Consider Resolution No. 5743 authorizing the Mayor to execute a street and alley use license with Larry Simmons for two canopies, five trees, and two street lamps adjacent to Block 231, Original Town Addition (1812 Avenue G). RESOLUTION NO. 5743 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street and Alley Use License with Larry Simmons, attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 22nd day of January, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Street and Alley Use License is filed with Resolution 5743. This street and alley use license allows Mr. Simmons to erect two canopies, one along the west side of Avenue G and the other in the north -south alley west of Avenue G, and five trees and two street lamps in the west parkway of Avenue G south of 18th Street. The first canopy will measure 10'x25' and will be erected adjacent to Lots 16 and 17, Block 231, Original Town Addition in the west parkway of Avenue G. The second canopy will be erected in the east side of the north -south alley which runs through Block 231 adjacent to lots 16 and 17 and will measure 6'x14'. These two canopies total 334 square feet, and the charge for them will be 334 square feet x $2.00 per square feet x 75 % x 10% = $50.10 per year, according to the street use license formula for aerial encroachments. This license will also allow five trees and two street lamps adjacent to Lots 17-23, Block 231 in the west parkway of Avenue G. The charge for these seven street encroachments will be 7 x 4 square feet = 28 square feet x $2.00 per square feet x 10% = $5.60 per year. Therefore, the total charge for these encroachments will be 31 Regular City Council Meeting January 22, 1998 Page 32 $50.10 + $5.60 = $55.70 per year, or $278.50 for a five-year period. This license will be for 20 years. The Right -of -Way Department recommended the approval of this street and alley use license. (17.) Consider Resolution No. 5744 authorizing the Right -of -Way Department to make offers to thirteen property owners for eleven parcels of right-of-way for the 82nd Street widening project (82nd Street, I-27 westward to Avenue U). RESOLUTION NO. 5744 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the widening of 82nd Street, and the City Council of said City finds it in the public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to each of the following described parcels of land located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: PARCEL NO. OWNER'S NAME AMOUNT N-2, 4, 5, 6 Dan Field $ 24,750.00 N-3 John A. and Lynda Mason $ 5,000.00 N-7 Earl K. Dean $ 5,000.00 N-11, 15B Glen D. and Mary Joan Adkins $ 7,625.00 N-13 Hazel Larue Franklin Mathis, Jack M. Mathis, Jimmie Don Franklin, & Rickey Floyd Franklin $ 3,750.00 N-14 Margaret Jane Prather and Jeffrey Dale Prather $ 4,500.00 N-20 Jesus H. Cavazos $ 6,500.00 SECTION 2. THAT the above -described parcels of land whose acquisition is herein authorized are more particularly described in exhibits attached to this Resolution and incorporated herein as part of this Resolution. SECTION 3. THAT the owners of the above -described parcels of land BE offered, through the Right -of -Way Department of the City of Lubbock, the amount hereinabove indicated for their respective parcel(s), which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate, for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated, and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to any or all such parcels as hereinabove described for public purposes and municipal purposes. 32 Regular City Council Meeting January 22, 1998 Page 33 Passed by City Council this 22nd day of January, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney Copies of the Exhibits are filed with Resolution 5744. For several years, the widening of 82nd Street from I-27 to Avenue P has been in the planning and funding stages. Bond money and State fund participation has allowed the City to begin work on this major road - widening project. Originally, ten feet of right-of-way was to be taken for the north side of the street, and fifteen feet of right-of-way was to be taken for the south side of 82nd Street. However, the State has redesigned this road project due to a large diameter gas line in the south side of the road and shifted this whole road northward 35 to 40 feet or more. Therefore, the majority of the parcels will be coming from the north side of 82nd Street and will involve whole takings. All the parcels are residential with the exception of a Town & Country Convenience Store. There are approximately 37 parcels of land to acquire with 27 owners. This resolution asks for approval of offers to thirteen owners for eleven parcels of land, which are all residential vacant lots. This resolution states the parcel number, the owner(s) name, and the appraised amount that they will be offered. This resolution authorizes the Right -of -Way Department to offer the property owners this appraisal amount and authorizes proceeding with eminent domain, if the offers are not accepted. The Right -of -Way Department recommended the approval of the City's offer to all thirteen property owners and authorization to proceed with eminent domain, if the offers are not accepted. (18.) Consider Resolution No. 5745 accepting street maintenance improvements constructed by Lipham Construction Company, Inc. under the 1997 Street Maintenance Program. RESOLUTION NO. 5745 RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION OF CITY STREETS AS DESCRIBED BELOW: 33 Regular City Council Meeting January 22, 1998 Page 34 WHEREAS, The City of Lubbock awarded a contract January 9, 1997, authorizing the construction of street maintenance improvements by Lipham Construction Company, Inc. on City streets; and WHEREAS, the improvements upon the said portions of the City streets have been inspected and found to have been constructed according to the approved plans and specifications; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: _. SECTION 1. THAT the improvements on said portions to the City streets indicated on the attached list BE and the same are hereby accepted and the City Street Superintendent BE and he is hereby authorized to direct final payment to the Contractor in the amount of $27,173.72. SECTION 2. THAT this Resolution shall take effect in force from and after its passage. Passed by City Council this 22nd day of January, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A List of Streets Improved is filed with Resolution 5745. This item is a routine acceptance of the 1997 Street Maintenance Program, which consisted of single -course and two -course surface treatment on all streets listed in the acceptance resolution. The contract amount was $1,713,411.80. Final contract price is $1,638,487.25. Final payment due the contractor upon acceptance is $27,173.72. The Street Department recommended the approval of this routine acceptance and the release of the final $27,173.72 of the contract to the contractor. (19.) Consider Resolution No. 5746 authorizing the Mayor to sign a contract with Lubbock Regional MHMR Center, dba L&D Industries of Lubbock, for landfill litter pick up. RESOLUTION NO. 5746 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 34 Regular City Council Meeting January 22, 1998 Page 35 THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for Landfill Litter Pickup by and between the City of Lubbock and Lubbock Regional MHMR Center, dba L&D Industries of Lubbock, attached herewith, and any associated documents, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 22nd day of January, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Debra Frankhouser Debra Frankhouser, Interim Solid Waste Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Landfill Litter Pickup Contract is filed with Resolution 5746. State regulations require that "windblown material and litter shall be collected and returned to the active disposal area or working face as necessary to minimize unhealthy, unsafe or unsightly conditions". In order to maintain compliance with this requirement, the City of Lubbock Solid Waste Department utilizes temporary workers and laborers from the Lubbock Regional MHMR Center to provide litter pickup on an as needed basis. Staff recommended that Council authorize the Mayor to execute the contract between Lubbock Regional MHMR and the City of Lubbock for litter pickup. (20.) Consider Resolution No. 5747 authorizing the City Manager to approve a joint application with the City of Lamesa for a State - administered, Federally funded grant for the continuation of the South Plains Regional Narcotics Task Force. RESOLUTION NO. 5747 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City a joint application with the City of Lamesa for grant funding and related documents for the State of Texas, Office of the Governor, Criminal Justice Division for State and Federal assistance for operation of the South Plains Regional Narcotics Task Force to combat narcotics and illegal substances trafficking. The City Council hereby agrees to its share of a cash match of 35 Regular City Council Meeting January 22, 1998 Page 36 $95,007.00 from the City to fund its share of 25 % of the Project, as required by the State of Texas in order to be eligible to receive such State and federal assistance; and THAT in the event of loss or misuse of funds of the State of Texas, Office of the Governor, Criminal Justice Division, provided pursuant to said joint application with the City of Lamesa for grant funding, this Council assures that its share of funds will be returned to the Criminal Justice Division. Passed by City Council this 22nd day of January, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan T. Saluri Dan T. Saluri, Assistant City Attorney A copy of the Joint Application for Grant Funding is filed with Resolution 5747. The grant application is being made in conjunction with the Governor's Anti -Drug Abuse Program. The 52 law enforcement agencies represented in the South Plains region cover some 10,000 square miles and are responsible to approximately 300,000 people located in twelve counties. Narcotic trafficking on the South Plains should be considered multi jurisdictional, with the success of each individual law enforcement agency in its operation having a direct effect on criminal activity in neighboring jurisdictions. Illegal narcotic trafficking is a regional program requiring regional coordination. The citizens of the twelve county region, including the City of Lubbock, would greatly benefit from this program. By identifying transient narcotic dealers and coordinating efforts to monitor their activities, the program will facilitate an effective impact on the narcotic problem in the twelve county region. Further, the task force will maintain an effective communications network with local jurisdictions concerning criminal violator activity. This approach will be promoted by an effective coordination of enforcement priorities and an efficient violator apprehension program working closely with the Drug Enforcement Administration, Department of Public Safety, County and City law enforcement agencies. The unit would also lend investigative support to location jurisdictions. The grant application must be received by the Governor's Office, Criminal Justice Division, no later than 5 p.m. February 17, 1998. Awards for the grant have been set for June 1, 1998. The total request for funding is $423,595, with the City's contribution being $95,007. 36 Regular City Council Meeting January 22, 1998 Page 37 This is the required 25 % match for the total grant and will come from our seized asset funds. To assure compliance with the requirements of the program, each participating agency must sign an Interlocal Cooperation Agreement with the City of Lubbock. Because this grant application consists of approximately 100 pages, staff did not include it in council's agenda backup. It is on file in the City Secretary's office for review. The Police Department recommended approval of this resolution. (21.) Consider Resolution No. 5748 authorizing the Mayor to execute an Interagency Agreement for law enforcement purposes for the investigation and prevention of narcotic and drug related laws of the State of Texas by and between the City of Lubbock and the City of Lamesa, Texas. RESOLUTION NO. 5748 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interagency Agreement to develop a narcotics task force for law enforcement purposes, by and between the City of Lubbock and the City of Lamesa, attached hereto, and which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein. Passed by City Council this 22nd day of January, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ken A. Walker Ken A. Walker, Chief of Police APPROVED AS TO FORM: /s/ Dan T. Saluri Dan T. Saluri, Assistant City Attorney A copy of the Interagency Agreement is filed with Resolution 5748. The Interagency Agreement is being made in conjunction with the Governor's Anti -Drug Abuse Program. As a recipient of a Texas Narcotics Control Program Grant, one requirement is that each participating agency enters into an Interagency Agreement. This is to assure compliance with the various mandates of the program placed upon the participating agencies. 37 Regular City Council Meeting January 22, 1998 Page 38 The execution of this agreement will also allow City of Lubbock police officers to work outside their normal jurisdictional boundaries in furtherance of the goals of the program and making the enforcement effort multi jurisdictional. The Police Department recommended approval of this resolution. (22.) Consider Resolution No. 5749 ratifying the submission of the Economic Development pre -application in the amount of $1,587,000 for the design, engineering and construction of the sewer interconnect between Reese Center and the City of Lubbock sewer system, and authorizing the City Manager to sign the official application for the grant from the Economic Development Administration. RESOLUTION NO. 5749 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Application for a Grant from the Economic Development Administration and ratifies the submission of the pre -application for funding of design, engineering, and construction of the sewer interconnect between Reese Center and the City of Lubbock sewer system, this being necessary infrastructure required to redevelop Reese Center, Pre -Application attached herewith, and any associated documents, which Pre -Application shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 22nd day of January, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Kevin Walker Kevin Walker, Business Liaison Officer APPROVED AS TO FORM: /s/ Anita E. Burgess Anita E. Burgess, City Attorney A copy of the Grant Application is filed with Resolution 5749. The Lubbock/Reese Redevelopment Authority (LRRA) and the City of Lubbock submitted a joint pre -application to the Economic Development Administration in the amount of $2,116,000 for the sewer interconnect between Reese Center and the City of Lubbock sewer system. The grant from the Economic Development Administration will be $1,587,000; City of Lubbock - $309,000, and the State of Texas Defense Economic Adjustment Grant - $220,000. Since the submission of the pre- 38 Regular City Council Meeting January 22, 1998 Page 39 application, the Economic Development Administration has invited the City and LRRA to submit a full application for the project. The Economic Development Administration has requested that the persons signing the application remain the same as the pre -application. The pre -application was signed by both the City Manager and Eddie McBride, LRRA. Staff needed authorization from the City Council for the City Manager to sign the official application for the Economic Development Administration grant. Staff recommended approval of the resolution authorizing the City Manager to sign the application to the Economic Development Administration. (23.) Resolution No. 5750/RFP #97217--Temporary Employment Services (Human Resources) RESOLUTION NO. 5750 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock agreements and all related documents by and between the City of Lubbock and G. Boren Services to provide temporary employee services for the City of Lubbock. Said Agreement is attached hereto, and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by City Council this 22nd day of January, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mary Andrews Mary Andrews, Managing Director of Human Resources APPROVED AS TO FORM: /s/ William D. de Haas William D. de Haas Assistant City Attorney A copy of the Temporary Employee Services Contract is filed with Resolution 5750. The City utilizes approximately 25 to 35 technical/clerical temporaries per year. Each technical/clerical temporary works from a few days to several weeks. The majority of requests are two to six weeks in duration. The City also utilizes approximately 90 to 150 trades/labor positions per year. The majority of these workers are utilized during the summer months as seasonal workers and work from about the middle of May through the middle of September. we, Regular City Council Meeting January 22, 1998 Page 40 Seven temporary employment firms submitted proposals to the City of Lubbock for temporary employment services. These firms are: A Temps, Inc. of Houston, Texas Express Personnel of Lubbock, Texas G. Boren Services of Lubbock, Texas Kelly Services of Lubbock, Texas Olsten Staffing Services of Lubbock, Texas Temporary Help Services, Inc. of Lubbock, Texas VIP Employment/SOS Staffing of Lubbock, Texas The City Temporary Employee Services budget amount is $1,066,220. G. Boren Services is recommended by the evaluation committee to service all three job categories (Clerical, Trades I and Trades II) of the temporary employment contract. G. Boren Services not only submitted the lowest hourly rates in all three job categories, but also demonstrated, both in the RFP and during the committee's site visit, its ability to meet or exceed the specifications. (24.) Resolution No. 5751/RFP #97244--Architectural Services for Renovation of the Depot Building (Facilities Management) RESOLUTION NO. 5751 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and McKinney Architects, Inc., for architectural services for renovation of the Depot building, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 22nd day of January, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Gary Smith Gary Smith, Facilities Manager APPROVED AS TO FORM: /s/ Anita E. Burgess Anita E. Burgess, City Attorney A copy of the Contract is filed with Resolution 5751. .e Regular City Council Meeting January 22, 1998 Page 41 Ten architectural firms submitted proposals to the City of Lubbock for architectural services for renovation of the Historic Fort Worth and Denver Depot Building. These firms include: Adling Associates of Lubbock, Texas ArchiTexas of Dallas, Texas Compliance Services Group of Lubbock, Texas Condray Design Group of Lubbock, Texas Joe McKay Architects of Lubbock, Texas Keystone/Green Harvey & Associates of Lubbock, Texas Landress Architecture of Lubbock, Texas McKinney Architects, Inc. of Austin, Texas McLarty Baker Associates of Lubbock, Texas Parkhill, Smith & Cooper of Lubbock, Texas A selection committee was appointed and approved by the City Manager to review and rate the proposals submitted by the firms listed above. The top three finalists (McKinney Architects; Parkhill, Smith & Cooper; and ArchiTexas) were invited to give an oral presentation. This was a difficult decision because all of the proposals were found to be prepared in a professional manner and showed that this area has a talented group of professional consultants available. The Depot project will require familiarity with requirements of sound preservation practices and specific experience with the functional aspects of a museum, quality lighting and design. The committee felt the methodology and concept of the work to be performed by McKinney Architects, Inc. was most satisfactory. The personnel qualifications of McKinney Architects, Inc. are extensive and diverse. They displayed a good understanding of the special out -of -the -ordinary needs that would be required in the City's project. In addition, McKinney is working in association with two Lubbock firms, Driskill & Hill Architects and Allied Associates Engineering Consultants. These local team members have significant understanding of the needs and contexts of both the Buddy Holly Exhibit and the Depot District Concept. Three references given by McKinney Architects, Inc. were contacted, and all gave excellent reports on the firm. The construction budget amount for this project, including architectural and engineering services, is $1,238,974. The negotiated fee from McKinney Architects, Inc. is $85,000 or 7.4%. The selection committee recommended McKinney Architects, Inc. be engaged to perform the architectural engineering services as required for the Historic Ft. Worth and Denver Depot. (25.) Bid #97259--Distribution Transformers (Electric Distribution) This bid establishes annual pricing of transformers for use in the expansion and maintenance of the LP&L electric distribution system. This bid provides both pole mounted transformers used on aerial lines as well as pad mounted transformers used with underground lines. The Capital Outlay -Line Transformers budget amount is $600,000. The bid evaluation ranked each transformer based on a total 20-year life - cycle cost using industry standards. Bids that are within three percent of the lowest evaluated cost are considered equal and are ranked according to price. Bids with the lowest 20-year life -cycle cost are from the following companies: 41 Regular City Council Meeting January 22, 1998 Page 42 Priester Supply Company, Inc. of Amarillo $113,807.00 Techline, Inc. of Amarillo 93,289.00 Preferred Sales Agency, Inc. of Carthage 87,335.00 Temple, Inc. of Lubbock 83,117.00 Wesco Distribution, Inc. of Amarillo 43,991.00 J. J. Electric Agent, Inc. of Amarillo 9,548.00 Cummins Utility Supply of Amarillo 5,923.20 (26.) Resolution No. 5752/Bid #97269--On-Line Particle Counters (Water Treatment) RESOLUTION NO. 5752 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Hach Company of Loveland, Colorado, to install and furnish all materials and services as bid for the On -Line Particle Counters, and any associated documents, attached hereto, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 22nd day of January, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ William D. de Haas William D. de Haas Assistant City Attorney CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT, made and entered into this 22nd day of January, 1998, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Hach Company, of the City of Loveland, County of Larimer, and the State of Colorado, herein termed CONTRACTOR. 42 Regular City Council Meeting January 22, 1998 Page 43 WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #97269 - FURNISH & INSTALL ON-LINE PARTICLE COUNTERS AT THE WATER TREATMENT PLANT - $88,360.00 and all extra work in connection therewith, under the terms as stated in the contract documents, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete said construction in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Kaythie Darnell Secretary APPROVED AS TO CONTENT: /s/ Gary Essary Owner's Representative APPROVED AS TO FORM: /s/ Donald G. Vandiver City Attorney ATTEST: Corporate Secretary /s/ Patricia M. Smith CITY OF LUBBOCK, TEXAS (OWNER) /s/ Windy Sitton MAYOR CONTRACTOR: Hach Company By: /s/ Jerry M. Churchill PRINTED NAME: Jerry M. Churchill TITLE: Vice President, Domestic Sales & Service COMPLETE ADDRESS: Hach Company P.O. Box 389 Loveland, Colorado 80539 - This project involves furnishing and installing on-line particle counters at the Water Treatment Plant. The particle counters will be installed on the raw water, settled water, effluent water lines and on each of the individual filters. The Water Treatment Particle Counters Capital Project budget amount is $150, 000. 43 Regular City Council Meeting January 22, 1998 Page 44 The low bid is $88,360 from Hach Company of Loveland, Colorado. (27.) Bid #97290--Water Meters, Annual Pricing (Water Utilities) This bid establishes annual pricing for various water meters used throughout the city. Water meters are used for billing the residential, commercial, industrial, and contracted wholesaler for the amount of water measured through the meter. The water meter also serves as the means for which wastewater disposal is billed. Part of the revenue generated on an annual basis for Water Utilities is from water sales and sewer disposal charges. The Water Meter Replacement budget amount is $200,000. The low bids are from the following companies: Master Meter of Longview, TX $140,819.00 Western Industrial of Lubbock, TX 51,062.53 (28.) Bid #97304--Electrical Cable and Conductor (Central Warehouse) This bid is for various types of underground electrical cable and conductor used to provide primary and secondary electric services to various projects, including new subdivisions and commercial projects, as well as maintenance of existing systems. The Underground Distribution Capital Project budget amount is $136,793. The low bids are from the following companies: WESCO of Amarillo, Texas $107,335 Temple, Inc. of Lubbock, Texas 21,480 Cummins Utility Supply of Amarillo, Texas 2,695 (29.) Bid #97307--Lubbock Power and Light Billing Envelopes (LP&L) This bid is for envelopes used by LP&L to mail customer utility bills for services rendered by several enterprise funds. Customers are also provided with return envelopes in order to remit payments for those services. The #10 Envelopes were bid with different advertising styles or motif on each quantity of 250,000. The Customer Service -Office Supplies budget amount is $29,616. The low bid is $23,980 from Midtown Printing and Graphics of Lubbock, Texas. Staff recommended award of each of the bids to the bidder as indicated on the tabsheets and award of each contract as shown on the resolutions. REGULAR AGENDA PUBLIC HEARINGS (30.) Ordinance No. 10047 - Zone Case No. 2556-A (2600 81st Street): Hold a public hearing to consider request of Bobby McQueen for zoning change from GO to R-2 for duplexes on Lots 106 through 114, Gatewood Addition. Regular City Council Meeting January 22, 1998 Page 45 ORDINANCE NO. 10047 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2556-A: A ZONING CHANGE FROM GO TO R-2 FOR DUPLEXES ON LOTS 106 THROUGH 114, GATEWOOD ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:30 a.m. Bobby McQueen appeared to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:40 a.m. The background for zoning on these lots was originally R-2, then GO, and now a return to R-2. The lots were rezoned in the initial rush to the new GO District ten years ago for areas that had not experienced any development. Adjacent land uses: North - residential South - apartments and commercial East - R-2 zoning - vacant West - R-1 zoning - (These lots were rezoned from GO back to R-1 several years ago) The request is compatible with both Comprehensive Land Use Plan and Zoning Policies. This row of lots will buffer the R-1 lots to the north. A number of those residents objected in writing to the proposal; however, none attended the hearing. The proposal should have no negative effect on the existing thoroughfare system. The request was approved by the Planning and Zoning Commission. Randy Henson, Senior Planner, presented staff comments. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Patterson, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10047 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (31.) Ordinance No. 10048 - Zone Case No. 922-C (5001 Avenue Q): Hold a public hearing to consider request of Henry Huneke (for H. A. Sessions) to amend the conditions of Ordinance No. 9298 to permit nightclubs, bars or lounges on Lot 2, Huneke Addition. ORDINANCE NO. 10048 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 922-C; A ZONING CHANGE AMENDING THE CONDITION OF ORDINANCE NO. 9298 TO PERMIT NIGHTCLUBS, BARS, OR LOUNGES IN A C-4 ZONE ON LOT 2, HUNEKE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:41 a.m. Henry Huneke appeared on behalf of H. A. Sessions to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:48 a.m. 45 Regular City Council Meeting January 22, 1998 Page 46 Several years ago, the KoKo Corner Shopping Center was rezoned to clean up a number of outdated conditions on the property. It is zoned C-4 with a list of excluded uses; one of the "strikes" for permitted uses is bars. Since that time, one of the tenants that initially was a restaurant has slipped below the threshold of a restaurant by definition. While the definition of restaurant is lengthy and does not address a percentage of sales related to alcohol versus food, several court cases have defined alcohol as an accessory use when less than 50% of revenues are derived from alcohol sales. The Lubbock Zoning Code definition for "restaurant" includes having all the utensils for cooking, food and condiments, a full menu, and a cook that does not double as a waiter or bartender from opening until eleven p.m. The business seeking this ordinance amendment does not meet either of these criteria. Many smaller establishments in various parts of the City that originally operated within the definition of restaurant have been pressured by the intense competitiveness of restaurants and find that their customers have little or no interest in the purchase of food. Environmental Inspection Services has on -going discussions with several other establishments. Henry Huneke presented the request. He related that the business has been in the Center for years and referred to it as a "neighborhood bar" that has caused no problems as a tenant. Adjacent land uses: North - commercial South - commercial East - an elementary school - (the school is buffered from the shopping center by Avenue P and the shopping center is oriented toward Avenue Q) West - commercial The property is already zoned C-4, and the original strike was voluntary and not an issue during that hearing. Avenue Q is a U.S. highway, so the property meets the C-4 policy test of the Comprehensive Land Use Plan. As such, no Comprehensive Land Use Plan issue exists. One zoning related item was discussed. An existing bar at the Villa Inn may be closer than the 600-foot separation required by the existing Code. A proposed condition addresses that question. The proposal should have no negative effect on traffic. The request was approved by the Planning and Zoning Commission subject to the following conditions: 1. Within the shopping center, one bar or night club not to exceed 3,000 square feet shall be a permitted use. 2. The existing conditions of Ordinance No. 9298 shall continue in effect. Randy Henson, Senior Planner, presented staff comments. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10048 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Regular City Council Meeting January 22, 1998 Page 47 (32.) Ordinance No. 10049 - Zone Case No. 2807 (south of 98th Street and east of Slide Road): Hold a public hearing to consider request of Henry Huneke (for H. A. Sessions) for zoning change from R-1 to C-4 on a portion of land out of Section 16, Block E-2. ORDINANCE iN10. 10049 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2807; A ZONING CHANGE FROM R-1 TO C-4 ON A PORTION OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 11:53 a.m. Henry Huneke appeared on behalf of H. A. Sessions to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 11:55 a.m. The request generated a lot of staff discussion. The vicinity and surrounding circumstances are important to review. Within the last year the land area from 660 feet south of 98th (about 101 st Street) to the half mile point (about 107th Street), east of Slide, was annexed. The land west of Slide between 101 st and 107th Streets is not currently in the City limits, nor is any of the land between 107th and 114th Streets. A number of businesses already exist on Slide between 107th and 114th Streets. Several plats have been approved that leave the property where the zone change is proposed as a 330 foot deep strip along the east side of Slide. Because of a large playa lake on the west side of Slide, an approximately 400 foot deep area nearly to the half section (future 107th Street) from the current City limit (660' south of 98th) will be isolated. That 400 foot depth will make the property unsuitable as single-family residential and, being outside the City, is already being sold and partially developed as commercial. Adjacent land uses: North - commercial, vacant South - Church on the Rock, City limits East - residential West - outside City limits The discussion for this proposal stems from the Comprehensive Land Use Plan policy to concentrate commercial development in ten acre quadrants (40 acre totals) at the corners of major thoroughfare intersections, and to avoid strip development. The circumstances created by existing and near term development on three of the half -mile portions of Slide between 98th and 114th, as well as this one half -mile portion, seem to provide a legitimate circumstance for discussion of a deviation from the two policy statements. The dilemma caused by having no control over 75 % of the mile is whether to enforce the Plan policies for this proposed area (which indicates residential), or recognize the circumstances and rezone the property with an attached design review statement. 47 Regular City Council Meeting January 22, 1998 Page 48 Slide Road is a thoroughfare (farm to market road) and does marginally qualify for the ability to have C-4 based on Comprehensive Land Use Plan Policy. ("Commercial land uses which serve a city-wide or regional market shall be located on regional thoroughfares or expressways.") A representative for the adjacent property owner did suggest that farm to market status is different from a true state or federal highway designation. The proponent requested a strike list including: (1) Billboard (20) Dance hall (25) Gameroom (28) Golf driving range (37) Lumber yard (39) Mobile home sales (43) Night club - (this land area is outside the liquor by the drink vote, so no beverage permits will be available for restaurants either) (46) Portable building sales (55) Road machinery sales (62) Trailer and truck rental This list is roughly equivalent to the strike list on West 19th outside Loop 289 with the exception of used cars and used goods. The representative for the adjacent owner indicated opposition to the C-4 proposal in general and the large number of permitted uses that remain. Mr. Huneke indicated that the opposition from Mr. Judah was news to him, and that he would visit with Mr. Masters or Mr. Judah to create an amended strike list before the City Council hearing. The staff agreed that the list was not as comprehensive as it might be to be compatible with the adjacent residential. Two zoning related items were discussed: A. The standard site plan review comment should be attached; that process will help assure quality development. B. Curb cuts — the code formula for curb cuts will allow too many in this 1,500 feet if the lots are platted into smaller sizes. A condition to track the site plan review process with a review of curb cuts should be satisfactory. Properly monitored, the proposal should have no more effect than expected on Slide as a part of the thoroughfare system. Taking a pragmatic stance, the staff position is that there is no advantage to taking issue with the request with the three conditions. Staff would like to reiterate the Planning Department position that the Comprehensive Land Use Plan policy limiting a majority of commercial development to intersection of thoroughfares benefits the public and the commercial sector. Staff would not care for this unique set of circumstances to mislead the development sector during consideration of zoning along other thoroughfares within the City. The request was approved by the Planning and Zoning Commission subject to the following conditions: 48 Regular City Council Meeting January 22, 1998 Page 49 1. A site plan, including building elevations showing materials, color, texture, and a detailed landscape plan, shall be submitted to the Planning and Zoning Commission for approval prior to the issuance of a building permit. 2. The site plan review process shall include a review of proposed curb cuts with the objective of reducing the total number between 101st and 107th Streets. 3. Provide a strike list as proposed between the proponent and the land owner to the east as follows: (2) Agriculture implement and tractor sales and service (11) Billboards (13) Builders supply (14) Bus station (15) Cafe supply dealer; fixtures (19) Dairy supply dealer (20) Dance hall (25) Gameroom, pool, billiard and/or domino parlor (28) Golf driving range (34) Laboratory, chemical, general analysis (35) Laundry, commercial (36) Linen and towel supply service (37) Lumber yard, with no mill (39) Mobile home sales (40) Monument sales (43) Nightclub, bar or lounge (46) Portable building sales (49) Public kennel (55) Road machinery sales and service (57) Secondhand or used car sales lot (58) Sign shops (59) Store fixture sales (61) Trailer and truck sales, rental or service (62) Trailer and truck rental utility Randy Henson, Senior Planner, presented staff comments. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass on first reading Ordinance No. 10049 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (33.) Ordinance No. 10050 - Zone Case No. 2808 (6409 19th Street): Hold a public hearing to consider request of Keith Leano for zoning change from C-2 and C-3 to C-3 Specific Use for an oil change facility on the north 211.84 feet of Tract A4-A, Milwaukee Place. ELI Regular City Council Meeting January 22, 1998 Page 50 ORDINANCE NO. 10050 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2808; A ZONING CHANGE FROM C-2 AND C-3 TO C-3 SPECIFIC USE ZONING FOR AN OIL CHANGE FACILITY ON THE NORTH 211.84 FEET OF TRACT A-4-A, MILWAUKEE PLACE ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Mayor Sitton opened the public hearing at 12:03 p.m. Keith Leano appeared to present the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 12:05 p.m. The request will clean up a small area of C-2 that was attached to the larger C-3 area because of a replat. The Specific Use request will provide either one or two sign locations that are within the limits set by the sign code except for side setback. Adjacent land uses: North - 19th Street, Commercial South - commercial East - commercial West - commercial The request meets Comprehensive Land Use Plan policies and should have no negative effect on the thoroughfare system. The request was approved by the Planning and Zoning Commission subject to the following condition: The Specific Use permit is related to sign locations. Otherwise, the property is open C-3. Randy Henson, Senior Planner, presented staff comments. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Ince, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10050 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Neugebauer had stepped away from the dais. (34.) Ordinance No. 10051 - Zone Case No. 921-L (South of 50th Street and west of Avenue Q): Hold a public hearing to consider request of Bill W. Cantrell (for Community Court Clubs, Inc.) for zoning change from A-1 and AM to R-1 Specific Use for townhomes on a portion of Tract 2-E out of Section 3, Block E. ORDINANCE NO. 10051 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND _ THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 921-L; A ZONING CHANGE FROM A-1 AND AM TO R-1 SPECIFIC USE ZONING FOR TOWNHOMES ON A PORTION OF TRACT 2-E OUT OF SECTION 3, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 50 Regular City Council Meeting January 22, 1998 Page 51 Mayor Sitton opened the public hearing at 12:06 p.m. Bill Cantrell appeared on behalf of Community Court Clubs to present the zone change, and Jim Eppler appeared in favor of the zone change. No one appeared in opposition. Mayor Sitton closed the hearing at 12:15 p.m. The request will provide for a town home "gated community" versus the current zoning that provided for two rows of town homes with an apartment complex in the center catering to senior citizens that would also have been gated. Adjacent land uses: North - commercial South - residential East - commercial West - residential The request conforms with both Comprehensive Land Use Plan Policies and Zoning Policies. A number of residents expressed concerns for drainage related issues in the neighborhood. Staff and the Planning Commission advised the group that the plat and drainage plan will be on a future agenda, and the Commission directed the staff to notify the group when a proposal is made. The group was seemingly to present the proposed land use but very concerned about drainage/flooding issues. The proposal includes use of two existing dead-end streets for access to a gated community. The existing residential area will experience an increase in traffic that it is not used to, but it would not be above the design capacity of the two streets. The proposed site plan indicates access from both 52nd and 54th Streets to the three phase project. The three phases would total 78 units. Trip generation tables for "retirement residential" indicate that 3-4.5 vehicle trips per day are generated by one retirement unit. The total would be from 234 to 351 trips spread over two access points, 117 to 175 trips possibly added to each of the two existing dead end streets. Most vehicles on the dead-end streets now are taking a short cut to the shopping center. This development will prevent most or all of that, for which the neighbors expressed appreciation. As noted, the project does have a significant challenge for drainage engineering. With a solution for those issues, the project should be an asset to the area. The request was approved by the Planning and Zoning Commission subject to the following conditions: 1. Tied to site plan 921-L as presented to the Planning and Zoning Commission. 2. Plat review notice will be mailed to the property owners within a 200 foot radius. Randy Henson, Senior Planner, presented staff comments. Staff supported the recommendation of the Planning and Zoning Commission. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to pass on first reading Ordinance No. 10051 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. 51 Regular City Council Meeting January 22, 1998 Page 52 (35.) Zone Case No. 2806 (2103 34th Street): Hold a public hearing to consider request of Ike Garner for zoning change from C-2 to C-4 for a secondhand goods store on Lot 1 and the east 120 feet of Lot 2, McGee Addition, and to consider ordinance. Mayor Sitton opened the public hearing at 12:25 p.m. Ike Garner appeared to present the zone change, and John Langley appeared in favor of the zone change. Kyle Ashley, President of Texas Plains Federal Credit Union, and Frank Wilson, BGR Architect Engineers, appeared and spoke in opposition of outside sales of secondhand goods. Mr. Garner requested that this item be continued until it could be considered by all councilmembers (Councilmember Hernandez was absent). Therefore, the public hearing was not closed and will be continued until the February 12, 1998 Council meeting. HEALTH AND COMMUNITY SERVICES (36.) Hold a public hearing on the proposed 1998 reallocation of Contingency Funds and Program Income under the Community Development Block Grant Program and the HOME Program. Mayor Sitton opened the public hearing at 12:54 p.m. Karen Worley of the YWCA spoke at the hearing. Doug Goodman, Director of Health and Community Services, presented staff comments. Mayor Sitton closed the hearing at 12:57 p.m. In order to comply with HUD requirements, Council held a public hearing to receive input from citizens regarding the reallocation of CDBG and HOME funds, as discussed by Council in work session. (37.) Consider a resolution authorizing the Mayor to execute the proposal for the 1998 reallocation of Contingency Funds and Program Income and all related documents to the U.S. Department of Housing and Urban Development under the Community Development Block Grant (CDBG) Program. Staff had originally planned to let the Community Development and Services Board hear these recommendations in February prior to a public hearing and Council action. The YWCA project, however, has a deadline (Betty Wheeler was present to explain) which did not allow this. Staff would be comfortable with an approach that awards the funding for the YWCA project and delays action on the remaining requests until such time as the committee reviews them and makes a recommendation to Council. Motion was made by Councilmember Cooke, seconded by Councilmember Neugebauer to continue Items No. 37 and 38 until the second meeting in February and that the Community Development Advisory Board is hereby instructed to include in their proposal for final council approval the reallocation of CDBG funding requested by the YWCA at today's public hearing. This motion was not voted upon and Councilmember Cooke withdrew his motion; Councilmember Neugebauer withdrew his second. Following Item No. 41, Councilmember Cooke made a motion that Items No. 37 and 38 be continued until the second meeting in February and that the Community Development Advisory Board is hereby instructed to include in their reallocation plan for final council approval the 52 Regular City Council Meeting January 22, 1998 Page 53 commitment of the $100,000 requested by the YWCA in today's public hearing for the purchase of a building. Councilmember Neugebauer seconded the motion. Motion carried: 6 Yeas, 0 Nays. (38.) Consider a resolution authorizing the Mayor to execute the proposal for the 1998 reallocation of Program Income and all related documents to the U.S. Department of Housing and Urban Development under the HOME Program. Motion was made by Councilmember Cooke, seconded by Councilmember Neugebauer to continue Items No. 37 and 38 until the second meeting in February and that the Community Development Advisory Board is hereby instructed to include in their proposal for final council approval the reallocation of CDBG funding requested by the YWCA at today's public hearing. This motion was not voted upon and Councilmember Cooke withdrew his motion; Councilmember Neugebauer withdrew his second. Following Item No. 41, Councilmember Cooke made a motion that Items No. 37 and 38 be continued until the second meeting in February and that the Community Development Advisory Board is hereby instructed to include in their reallocation plan for final council approval the commitment of the $100,000 requested by the YWCA in today's public hearing for the purchase of a building. Councilmember Neugebauer seconded the motion. Motion carried: 6 Yeas, 0 Nays. 1:00 P. M. COUNCIL RECESSED FOR LUNCH 1:50 P. M. COUNCIL RECONVENED TRANSPORTATION SERVICES (39.) Consider Resolution No. 5753 authorizing the Mayor to execute an interlocal agreement to share costs associated with the Southwest to Northwest International Trade Corridor initiative between the City of Lubbock and the City of New Deal. RESOLUTION NO. 5753 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperative Agreement by and between the City of Lubbock and the City of New Deal and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 53 Regular City Council Meeting January 22, 1998 Page 54 Passed by City Council this 22nd day of January, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Amy Sims Amy Sims, Assistant City Attorney A copy of the Interlocal Cooperative Agreement is filed with Resolution 5753. Lubbock continues to work with its West Texas cities and counties to secure interlocal agreements for the possible future expansion of I-27. Staff wants to work closely with our West Texas neighbors to form an alliance and united front for better transportation in this region. Staff has received interlocal agreements from Tulia, Lubbock County and Hale County. New Deal now joins the list of interlocal agreements received by the City of Lubbock. Staff continues to talk to Congressman Larry Combest and feels confident that he and other elected officials will make every effort to obtain "high priority corridor" designation during the reauthorization of ISTEA for this initiative. Staff wants to work closely with our West Texas neighbors to form an alliance and united front for better transportation in this region. The staff will work with the remaining cities and counties along I-27 to bring closure to the interlocal agreements with each of them. Tommy Gonzalez, Director of Culture and Leisure Services, presented staff comments. Staff recommended approval of the interlocal agreement to further the international trade initiative. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to pass Resolution No. 5753 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (40.) Consider Resolution No. 5754 authorizing the Mayor to execute an interlocal agreement to share costs associated with the Southwest to Northwest International Trade Corridor initiative between the City of Lubbock and Swisher County. 54 Regular City Council Meeting January 22, 1998 Page 55 RESOLUTION NO. 5754 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperative Agreement by and between the City of Lubbock and Swisher County. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 22nd day of January, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Interlocal Agreement is filed with Resolution 5754. This item is similar to the interlocal agreement with the City of New Deal. However, the funding amounts are different. The City of New Deal's fair share contribution is $284.01, while Swisher County's fair share is $879.23. Tommy Gonzalez, Director of Culture and Leisure Services, presented staff comments. Staff recommended approval of the interlocal agreement. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to pass Resolution No. 5754 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. (41.) Consider Resolution No. 5755 authorizing the Mayor to execute an interlocal agreement to share costs associated with the Southwest to Northwest International Trade Corridor initiative between the City of Lubbock and Randall County. 55 Regular City Council Meeting January 22, 1998 Page 56 RESOLUTION NO. 5755 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperative Agreement by and between the City of Lubbock and Randall County and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 22nd day of January, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Amy L. Sims Amy L. Sims, Assistant City Attorney A copy of the Interlocal Agreement is filed with Resolution 5755. This item is similar to the interlocal agreement with Swisher County. However, the funding amounts are different. Swisher County's fair share contribution is $879.23, while Randall County's fair share is $10,078.70. Tommy Gonzalez, Director of Culture and Leisure Services, presented staff comments. Staff recommended approval of the interlocal agreement. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to pass Resolution No. 5755 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. Following Item No. 41, council revisited Items No. 37 and 38. CULTURE AND LEISURE SERVICES (42.) Consider Resolution No. 5756 authorizing the Mayor to execute a licensing agreement between the National Windmill Project, Inc. and the City of Lubbock for a tract of land located on a 28-acre site in the Yellowhouse Canyon park. we Regular City Council Meeting January 22, 1998 Page 57 RESOLUTION NO. 5756 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a License Agreement, providing for the grant of a license to construct and operate a museum for the display of windmills of historical and antiquity value, attached herewith, by and between the City of Lubbock and National Windmill Project, Inc., and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 22nd day of January, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director of Culture & Leisure APPROVED AS TO FORM: /s/ Richard Casner Richard Casner, Natural Resources Attorney A copy of the License Agreement is filed with Resolution 5756. In 1993 the City of Lubbock entered into an agreement with the National Windmill Project (NWP) to purchase and transport 50 historical windmills to Lubbock from Mitchell, Nebraska with $65,000 of hotel/motel tax funds. NWP utilized $50,000 for a portion of the $225,000 purchase cost of the windmills, and $15,000 covered the expense of transporting the windmills from Mitchell, Nebraska. This request was one element of a plan to develop a windmill museum and park. The funding agreement had provisions ensuring the proper expense of said funds. NWP was to: 1. Obtain funding for purchase and transport windmill collection from Mitchell, Nebraska. 2. Properly handle storage of windmill collection. 3. Obtain sufficient funding to support construction and maintenance of proposed museum facility on Texas Tech University campus. 4. Refund $65,000 to the City of Lubbock if the museum was not constructed within four years. 57 Regular City Council Meeting January 22, 1998 Page 58 NWP planned to build a windmill museum on the Texas Tech University property, adjacent to the Ranching Heritage Center and just south of the proposed International Cultural Center. However, the land associated with the facility on Tech property was not large enough to accommodate the windmill collection that has grown to 173 and still counting. Additionally, Tech's offer of use of a building in an industrial area was a location NWP and City staff agreed would have poor visibility and access for the public. NWP continued to search for alternate properties to house the windmill collection and worked closely with the City of Lubbock on finding a site. Staff reviewed the feasibility of four or five City properties, however, due to park development needs, playa lake development, concerns with archaeological findings, lack of available space, etc., staff recommended the proposed site. If NWP is unable to find a home in Lubbock for the windmill collection, the project will probably relocate to Midland, and the $65,000 will be returned. The City of Lubbock has been in discussions with NWP on a proposal to relocate their windmill collection to the Yellowhouse Canyon park located on the north side of East Broadway and build an interactive and interpretive center to house the collection. NWP's schedule for relocation and construction follows: 1998. NWP will occupy existing buildings with offices and windmills in storage. Windmills will be available for tours. NWP will erect protective fence around outdoor exhibits. This may be a property fence around the entire 28-acre site or a large perimeter fence around the outdoor windmill exhibits. NWP will make parking available for visitors. This may be dirt or gravel parking and will construct temporary pathways to the outdoor exhibits. Additionally, NWP will erect five to seven windmills and construct two entrance signs, one facing Broadway and the other facing 19th Street. 1999. Erect five to seven windmills in outdoor exhibits. Continue to improve indoor exhibits in storage building. Construct any fencing necessary. Begin temporary pathways to outdoor exhibits. 2000. Erect five to seven windmills in outdoor exhibits. Continue to improve indoor exhibits in storage building. Construct any fencing necessary. Begin construction of permanent pathways for outdoor exhibits. 2001. Erect five to seven windmills in outdoor exhibits. Continue to improve indoor exhibits in storage building. 2002. Erect five to seven windmills in outdoor exhibits. Continue to improve indoor exhibits in storage building. 2003. Erect five to seven windmills in outdoor exhibits. Begin construction of an interpretative and interactive center building. Rare windmills and artifacts will be displayed in this building. 2004. Erect five to seven windmills in outdoor exhibits. NWP will add floor space to the building. 58 Regular City Council Meeting January 22, 1998 Page 59 2005. Erect five to seven windmills in outdoor exhibits. NWP will finish 32,000 square feet interpretative/interactive building and indoor exhibits. Potential benefits to the City of Lubbock include (PROS): 1. NWP anticipates adding five full time jobs and seven part-time positions. 2. Increase visitors to Ranching Heritage Center and Lubbock Lake Site by providing an additional museum. 3. Catalyst to develop area near the Yellowhouse Canyon with other improvements, i.e. relocate Prairie Dog Town and private amphitheater development. 4. City of Lubbock will no longer be responsible for existing ground maintenance, resulting in an annual savings of $7,425. 5. Possible increased convention activity from the addition of the International Windmillers Association, which presently has 400 members. 6. Acquiring label of "Windmill Capital of the World" could greatly enhance Lubbock's image and boost tourism. NWP indicates the windmills collected are the largest single collection in the world. NWP estimates the worth of windmills at $1 million. Less than half of the windmills were purchased for $500,000, while the remainder have been donated. 7. Good use of undeveloped park property. 8. Furthers objectives of the Goals for Lubbock: A Vision Into the 21 st Century document: a. Coordinate and consolidate marketing efforts for promotion of Lubbock and region as a visitor destination. b. Develop Canyon Lakes, Mackenzie Park and South Plains Fairgrounds as major recreation areas for citizens and visitors. C. Recognize, preserve and protect Lubbock's heritage and historic resources. d. Enhance quality of life for Lubbock citizens through a comprehensive system to plan, acquire, develop, and maintain public lands and recreation programs. 9. Complements current projects such as the Broadway Streetscape project. Impact to Parks and Recreation Department (CONS): 1. The Parks and Recreation Department currently utilizes three buildings within the proposed site. Parks staff will have to relocate personnel and equipment to replace the storage capabilities and provide a work area for the crews. This could be done by expanding the scope of a planned capital project of 59 Regular City Council Meeting January 22, 1998 Page 60 $90,000, by increasing it to $125,000 for additional space to accommodate additional storage and work area for crews. 2. Two of the buildings currently used to repair and store maintenance equipment require roof repair estimated to cost $32,000. These repairs were planned expenditures in future years. If this project is approved, the repairs would be accelerated and completed in the spring of 1998. The estimated cost will be lower because Montford Unit Trustees are qualified to roof buildings. Staff is currently identifying the actual costs. 3. Total cost for the project to the city is estimated at $67,000. However, by saving $7,425 annually, the City will recoup these costs in nine years ($7,425 x 9 yrs. = $66,825). Other Important Issues: 1. NWP indicates that securing land for this project is key to acquiring corporate sponsors and obtaining $1.4 million from the Lineberry Foundation in Midland, Texas. 2. A portion of the property proposed for this project was acquired with the assistance of funds from the Bureau of Outdoor Recreation administered by the Texas Parks and Wildlife Department. Staff has received confirmation that the outdoor windmill display portion of the project is compatible with outdoor recreation activities. 3. Any project constructed on public land is required to have an official review by the Texas Historical Commission Division of Antiquities Protection. Preliminary archeological surveys have - taken place and additional surveys will follow. Issues related to archaeological finds will be resolved prior to NWP re -locating to proposed site. Intergovernmental Cooperation: 1. Lubbock County has agreed to provide mowing services to NWP at the proposed site. NWP is solely responsible for ground maintenance regardless of whether the County undertakes the maintenance. 2. Inmates from the Montford prison will provide labor to clean the area, paint buildings, and build brick signage and perimeter fence. 3. Regarding Texas Tech and Foundation support, Coy Harris, Executive Director of NWP, attended the City Council meeting to address questions related to these areas. The City of Lubbock has traditionally supported projects that enhance Lubbock's image and tourism opportunities. Also, the Parks Board unanimously approved NWP's request to locate the windmill collection on the proposed Canyon Lakes site. NWP has the potential to attract visitors to our community. With this in mind, staff recommended that City Council approve the resolution and authorize the Mayor to execute the proposed licensing agreement between NWP and the City of Lubbock. Regular City Council Meeting January 22, 1998 Page 61 Tommy Gonzalez, Director of Culture and Leisure Services, presented staff comments. Motion was made by Councilmember Patterson, seconded by Councilmember Ince to pass Resolution No. 5756 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. MISCELLANEOUS (43.) Consider Resolution No. 5757 canvassing the returns and declaring the results of the Special City Election held on January 17, 1998 for the purpose of voting for or against the adoption of a three -eighths (3/8) of one percent sales and use tax within the City of Lubbock for the promotion and development of new and expanded business enterprises. RESOLUTION NO. 5757 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULT OF THE SPECIAL CITY ELECTION HELD JANUARY 17, 1998, FOR THE PURPOSE OF VOTING FOR OR AGAINST THE ADOPTION OF A SALES AND USE TAX WITHIN THE CITY OF LUBBOCK FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES AT THE RATE OF THREE -EIGHTHS (3/8) OF ONE PERCENT PURSUANT TO SECTION 4B OF ARTICLE 5190.6 OF VERNON'S ANNOTATED CIVIL STATUTES. BE IT REMEMBERED THAT on the 22nd day of January, 1998, the City Council of the City of Lubbock met at 10:30 a.m. at the regular meeting place of the City Council in the City of Lubbock Municipal Building with the following members present, to -wit: Mayor Windy Sitton Councilmember Alex "Ty" Cooke Councilmember Max Ince Councilmember David Nelson Councilmember Randy Neugebauer Councilmember T. J. Patterson On motion of Councilmember Cooke, seconded by Councilmember Nelson, it is unanimously carried that the returns of the Special City Election held January 17, 1998, pursuant to Section 4B of Article 5190.6, V.A.C.S., and Chapter 321, Tax Code, be opened and canvassed, and the results of the election be declared therefrom; and said returns having been duly canvassed, it is found that the votes on the Proposition are as follows: PROPOSITION THAT THERE BE ADOPTED A SALES AND USE TAX FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES AT THE RATE OF THREE -EIGHTHS (3/8) OF ONE PERCENT VOTES RECEIVED FOR: 10,586 AGAINST: 17,988 TOTAL VOTES CAST: 28,593 61 Regular City Council Meeting January 22, 1998 Page 62 And it further appearing that said election was duly held as provided by law; NOW THEREFORE: IT IS HEREBY FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a majority of the qualified voters of the City of Lubbock voting in said Special Election are against (for or against) the Proposition pertaining to the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of three -eighths (3/8) of one percent. ********** PASSED, APPROVED AND ADOPTED ON MOTION OF COUNCILMEMBER COOKE, SECONDED BY COUNCILMEMBER NELSON, THIS 22ND DAY OF JANUARY, 1998, BY THE FOLLOWING VOTED: COUNCILMEMBERS VOTING AYE: Mayor Windy Sitton Councilmember Alex "Ty" Cooke Councilmember Max Ince Councilmember David Nelson Councilmember Randy Neugebauer Councilmember T. J. Patterson ********** COUNCILMEMBERS VOTING NAY: None /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney This resolution will canvass the returns and declare the results of the election as required by Chapter 67 of the Texas Election Code. Kaythie Darnell, City Secretary, presented staff comments and recommended approval of this resolution. Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to pass Resolution No. 5757 as recommended by staff. Motion carried: 6 Yeas, 0 Nays. BOARD APPOINTMENTS Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to confirm all appointments of board members. Motion carried: 6 Yeas, 0 Nays. 62 Regular City Council Meeting January 22, 1998 Page 63 (44.) Confirm appointment of Bob Teaff to Building Board of Appeals. (45.) Confirm appointment of Sharon Goldston and Judy Mayfield to the Committee for Women. (46.) Confirm appointment of Byrnie Bass to the Culture and Arts Commission. (47.) Confirm appointment of Corrine Wright to the Keep Lubbock Beautiful Advisory Committee. The citizens referenced above were selected for service during the City Council executive session on January 8, 1998. They have all been contacted and have agreed to serve. 2:50 P. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Cooke made a motion to adjourn; Councilmember Nelson seconded the motion. Motion carried: 6 Yeas; 0 Nays. �/ ^ Y SI-f)rON, MAYOR ATTI1 ST: Kayth UeDarnell, City Secretary Read and approved this Ahlt day of ATTEST: KaytbljDarnell, City Secretary 63